The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-11-11

plication regardless of Linegs attempt at sui
eide. Mr.. Hunt appeared before Judge Baker
at 10 o'clock, and made formal application for
writ in Linggs case and it was refused The
petition presented by Attorney Hunt was similar
to the presented before Judge Prendergast
Yesterday. 1t asserted the belief of the petit
TONERS that Louis Liueg is insane. He moved
stay of execution until a proper in veetiga ton
of Lingg's insanity could be made. Attorney
Grlnneu was present to oppose the petition in
the interest of the State. Mr.. Hunt moved a
stay of execution the ground that there was
a question as to Lingg's sanity, and time was
wanted to Investigate. Judge Baker would not
entertain the motion, saying that he had no
power whatever to grant a stay of execution.
Mr.. Hunt then moved that a venire for six men
be issued TO test Lingg's sanity. Mr.. Grinnel1
said the affidavit did not state that Lingg had
become insane since he was found guilty of
murder. That point was essential If he
insane before his trial, it was matter of de-
Tense that ought to have been presented at the
time; now he was not entitled to it.
Judge Baker thought the States attorneys
position was correct, and that the affidavit was
defective. He told Mr.. Hunt so. That gentle
man asked for of the court until l
o'clock, when he would bring a fresh affidavit
from DIR. Herman setting forth the belief that
court adjourned until that hour. Mr.. Hunt
said that he intended to renew his petition to
Judge Prendereast
At 1 o'clock Attorney Hunt appeared again
before Judge Baker at the Criminal Court,
States Attorney Grinnen and Mr. Walker
being present. and asked that DR.. Herman be
ity. Mr.. Grinnell said he did not want to hear
the Doctor on that point
Judge Baker said there nothing before
the court unless it was desired to renew the Pc
ttion for any inquiry as to Lingg's sanity. DIR.
Herman refused to make out a new affidavit to
the effect that he believed Lineg had become in
sane since his confinement. Judge Baker here
declared sharply that the court was adjourned.
Attorney Hunt. after being denied writ de
lunatico by Judge Frank Baker, of the Criminal
Court, appeared in the County Court aud filed a
a
Lngg's mental condition, but Judge Prendergast
again denied the application, on the same
grounds those brought forward yesterday.
the attorney then departed.
Jamos G. Herman, NJ. D., the man who signed
the petition, has gained some notorety in that
line before He was of the experts for the
defense in the celebrated Guiteau case. and at
that time testified that the slayer Of President
Garfield was insane. He said: ''Lingg was suf-
feriug from paranoia, a peculiar condition of an
i'm paired mind-a monomania on any question
like religion politics. Parsons is insane. He
is proud Southerner who married a negress,
and because society will not receive her he wants
to destroy all society"
Blacks Last Effort at Blufing.
CHICAGO. Nov. I0.-After the announcement
of Judge Tuley's decision this afternoon, Cap
tain Black served the following notice on the
Sheriff:
To Canute R. Matson, Sheriff of the County:
Sir-You are hereby notified that the pretended
order writ, mandate from the Clerk of the Su
preme Court OF Illinois, northern grand division, d.
rectng the execution, by hanging, os August Spies,
Nov. IL, 1887 is imperative, illegal and void, and
that it is issued and based upon
illegal irregular, and void so-called Judgment.
You further notified that if you should attempt
carry said pretended order mandate socalled udg
ment into the execution of said Spies directed by
said pretended order, mandate socalsed judgment,
you will be held legally responsible for murder and
civly responsible for causing the death of said Spies
without due of law. Hereof take due notice.
WILLIAM z. BLACK,
Attorney for August Spies.
Five other notices of thelsame kind, one each
for Engel, Fischer. Parsons, Fieldeu, and
SchwaD were drawn up, and signed, and
veyed to the sheriff by a messenger. The sheriff
read them all, and said he would not pay any at
tention to them, but would, unless otherwise
derod by the Governor to-day, proceed to the
execution of the mandate of the court. The
sheriff himself busy it impossible to
get extended interview from him on the sub
ject, but . from his chief deputy, w. III.
Gleason, the following statement
obtained: Il hardly know what to
make of this last move" said Mr.. Gleason. ''but
will say it looks very much like a last desper-
ate bluff However, it is very unusual. even In
hanging cases. The sheriff has decided that he
will not pay any attention to it, and in arri wing
1t this decision he had some Of the best legal
advice be could get"
Captain Black said his notice explicit
md full that he could not add anything to it.
except that he believed the sheriff legally
pound to obey if he values his liberty.